Terms and Conditions

Our Terms of Use

These terms, together with the documents referred to in them (the “Terms”), set out the terms on which you may use the online services of HPNB Limited (the “Company”), including but not limited to the use of content on our website Healthypostnatalbody.com. The terms “we”, “us” or “our” may each be used throughout this document to refer to the Company. Use of the Site includes, but is not limited to, accessing, browsing, and using interactive features on our Site.

Please read these Terms carefully before you start using our Site, as they will apply to your use of our Site.

By using our Site, you confirm that you accept these Terms and agree to comply with them.

Other applicable terms

These Terms refer to the following additional documents, which also apply to your use of our Site:

  • The Privacy and Cookie policy, which sets out how we process any personal data we collect from you or that you provide to us and provides information about the cookies on our Site. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our Acceptable Use Policy & Content Standards, at the end of this document, which sets out how you can and cannot use our Site, including the use of interactive features, our responsibilities to you, and the penalties for breaching the policy.

Information about us

Our Site is operated by the Company, a limited company registered in Edinburgh under company number SC640465. The registered address is 11 Lennymuir Edinburgh EH12 0AP

Changes to these terms

We may revise these Terms at any time by amending this page. Please ensure that you familiarise yourself with our Terms before using our Site.

Changes to our Site

We may update our Site from time to time, and may change the content at any time. However, please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our Site, or any content on it, will be free from errors or omissions.

Accessing our Site

Our Site is generally made available free of charge.

We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if, for any reason, our Site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our Site.

You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Intellectual property rights

You acknowledge that the Site may contain our proprietary information and/or the proprietary information of our licensors, and that such information may be protected by applicable intellectual property laws. We (and our licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to our technology and the Site, and any derivatives, suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Site, and any aggregated metrics, data and trends compiled by us. Our name, logo, and the product and service names associated with the Site and us are trademarks of the Company or third parties, and no right or license is granted to use them hereunder. The Site may include trademarks, service marks or logos of third parties, all of which are the property of their respective owners.

In addition, unless otherwise specified in a separate written agreement between you and the Company, all content published on the Site belongs to the Company and/or its licensors under applicable copyright law.

You may print off one copy, and may download extracts, of any page(s) from our Site for your personal, non-commercial use, and you may draw the attention of others within your organisation to content posted on our Site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status and that of any identified contributors as the authors of content on our Site must always be acknowledged.

You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Any content you send to us or which you upload to our site will be considered non-confidential. You retain all of your ownership rights in your content, but when you transmit or upload such material, you grant us and other users of our site a perpetual, worldwide, non-exclusive, royalty-free licence to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. For example, we might incorporate your reviews of our products into our promotional and/or marketing literature

Representations

You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Site, and that you are an individual who is at least 18 years of age

No reliance on information

The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site. Please refer to our Medical Disclaimer.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether expressed or implied, that the content on our site is accurate, complete or up-to-date

Limitation of our liability

Nothing in these Terms of use excludes or limits our liability for death or personal injury arising from our gross negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

THE COMPANY AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SITE OR ANY CONTENT. THE COMPANY AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, LEADS OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVER(S) THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT AS EXPRESSLY SET FORTH HEREIN OR IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND THE COMPANY, THE SITE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN AS IS BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE COMPANY AND ITS LICENSORS.

THE SITE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our Site; or
  • use of or reliance on any content displayed on our Site.

If you are a business user, please note that in particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY PURSUANT TO THIS AGREEMENT EXCEED TEN DOLLARS ($10.00). IN NO EVENT SHALL WE AND/OR OUR LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SITE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY’S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.

Viruses

We do not guarantee that our Site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Indemnification

You shall indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with:

(i) a claim alleging that any content you upload to the Site infringes the rights of, or has caused harm to, a third party;

(ii) a claim, which if true, would constitute a violation by you of your representations and warranties; and (iii) a claim arising from the breach by you of these Terms.

Linking to our Site

You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our Site in any website that is not owned by you.

Our site must not be framed on any other Site.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards as notified to you from time to time.

If you wish to make any use of content on our site other than that set out above, please e-mail us at info@healthypostnatalbody.com

Third party links and resources in our site

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources and we are not liable for any such contents or resources.

Applicable law

If you are a consumer, please note that these Terms, its subject matter and its formation, are governed by the laws of Scotland. You and we both agree that the courts of Scotland will have exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of England or Wales, you may also bring proceedings in in those countries.

If you are a business, these Terms, its subject matter and its formation (and any non-contractual disputes or claims) are governed by the law of Scotland. We both agree to the exclusive jurisdiction of the courts of Scotland.

The Site provides services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of other applicable countries. You acknowledge and agree that the Site shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to countries as to which the United States or any other applicable country maintains an embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders (collectively, “Designated Nationals”). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all U.S. and other applicable export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required. The Company and its licensors make no representation that the Site is appropriate or available for use in other locations. If you use the Site from outside the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries.

Acceptable Use Policy

Prohibited uses

You may use our Site only for lawful purposes. You may not use our Site:

  • • in any way that breaches any applicable local, national or international law, rule regulation or ordinance;
  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • for the purpose of harming or attempting to harm others in any way;
  • to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
  • to transmit, or procure the sending of, any unsolicited or un-authorised advertising or promotional material or any other form of similar solicitation (spam); or
  • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree not to:

  • Reproduce, duplicate, copy, license, sell, resell, transfer, assign, distribute or otherwise commercially exploit any part of our Site in contravention of the provisions of our website terms of use;
  • Modify or make derivative works based upon the Site;
  • Access without authority, interfere with, damage or disrupt any part of our Site, any equipment or network on which our site is stored, any software used in the provision of our site, or any equipment or network or software owned or used by any third party;
  • Reverse engineer or access the Site in order to (a) build a competitive product or service, (b) build a product using ideas, features, functions or graphics that are similar to those related to the Site, or (c) copy any ideas, features, functions or graphics of the Site;
  • Interfere with or disrupt the integrity or performance of the Site or the data contained therein, or our servers or networks; or
  • Take any action that imposes an unreasonably or disproportionately large load on our infrastructure.

Interactive services

We may from time to time provide interactive services on our Site.

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular for children) from third parties when they use any interactive service provided on our Site and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Content standards:

These content standards apply to any and all material which you contribute to our Site (contributions), and to any interactive services associated with it.

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

  • be accurate (where they state facts);
  • be genuinely held (where they state opinions); and
  • comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

  • contain any material which is defamatory of any person;
  • contain any material which is obscene, offensive, hateful or inflammatory;
  • promote sexually explicit material;
  • promote violence;
  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • infringe any copyright, database right or trade-mark of any other person;
  • be likely to deceive any person;
  • be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • promote any illegal activity;
  • be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
  • be likely to harass, upset, embarrass, alarm or annoy any other person;
  • be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
  • give the impression that they emanate from us, if this is not the case; or
  • advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Suspension and termination

We will determine, in our sole discretion, whether there has been a breach of the Terms (including but not limited to this acceptable use policy) through your use of our Site. When a breach of the Terms has occurred, we may take such action as we deem appropriate, including but not limited to restricting or revoking your access to the Site.

Failure to comply with the Terms constitutes a material breach of the terms of use upon which you are permitted to use our Site, and may result in our taking all or any of the following actions:

  • immediate, temporary or permanent withdrawal of your right to use our Site;
  • immediate, temporary or permanent removal of any posting or material uploaded by you to our Site;
  • issue of a warning to you;
  • legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  • further legal action against you; and/or
  • disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses are not limited to those described in this policy, and we may take any other action we reasonably deem appropriate.

Changes to the acceptable use policy

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.

Contact us

To contact us, please email us at info@healthypostnatalbody.com

Thank you for visiting our Site.

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